"We do not believe that men and women of BP behaved in willful misconduct, " Brock said.

CNN: BP's billions at stake as courtroom showdown starts

Bazerman and Tenbrunsel point out that regulators, prosecutors and journalists focus on willful misconduct and simple intent.

FORBES: Hidden Explanations for Unethical Company Behavior

Capital One's previous clawback provisions covered only its top executive officers and triggered only in the event of a financial restatement or willful misconduct.

WSJ: Banks Bow to New York on Clawbacks

The cap is not in place if somebody is found to be either grossly negligent, conduct willful -- involved in willful misconduct, or in violation of federal regulations.

WHITEHOUSE: Press Briefing

"I have not heard or seen evidence that would in any way support a finding of gross negligence or willful misconduct on the part of Cameron, " Barbier said.

NPR: Claims Against BP Contractors Dismissed At Trial

The Justice Department and the Plaintiffs Steering Committee, the lead private attorneys in the case, have vowed to prove at trial that BP was grossly negligent and that it engaged in willful misconduct in causing the spill.

NPR: BP Civil Settlement Remains Elusive As Trial Nears

As such, you wind up with the oddball outcome in which you could have a modest fine and suspension imposed upon you by FINRA but when you attempt to return to work, you learn that your willful misconduct rendered you a statutorily disqualified individual.

FORBES: Stockbroker Disqualified Amid Borrowing, Liens And Judgments

The foregoing limitation of liability shall not apply to the extent that any liability arises from the gross negligence or willful misconduct of the Investment Consultant, its employees, affiliates, agents or contractors or from bodily injury, death of any person, or damage to any real or tangible personal property.

FORBES: Actuarial Limitations of Liability? (LOL) Laugh Out Loud! (December 1, 2002 )